Daniel R. Leavell and Eva Lovene Leavell - Page 7

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            timely fashion and on the merits.  Petitioners' late and                                      
            incomplete submissions under the Court's discovery rules, their                               
            untimely filed motions to amend their petition, their raising new                             
            issues in their briefs that have not been raised either in the                                
            original or amended petitions, and their implausible explanations                             
            of their conduct in on- and off-the-record conferences with the                               
            Court have consistently frustrated the resolution of the issues                               
            in this case.                                                                                 
                 Perhaps the most serious violation of the Court's Rules                                  
            occurred when petitioners attempted to have admitted en masse                                 
            into evidence on the last day of trial, the 22 boxes of                                       
            disorganized documents.  By holding the record open, the Court                                
            simply attempted to give petitioners the opportunity to organize                              
            the documents and to make presentations to respondent's                                       
            representatives that might result in a settlement of issues or in                             
            a stipulation of admissibility of some of the documents.                                      
            Petitioners failed to negotiate any settlement or a stipulation                               
            with regard to any of the belatedly submitted documents, and we                               
            do not believe it appropriate now to admit such documents into                                
            evidence.  We shall deny petitioners' motion for reconsideration                              
            of the Court's Order granting respondent's motion to close the                                
            record.                                                                                       
                 Also, in their opening posttrial briefs, petitioners attempt                             
            to raise new issues not previously raised in their original or                                






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